Cannabis of Worcester Car Giveaway Rules & Requirements!
Consumers purchasing any Non-Cannabis item at Cannabis of Worcester between May 1,2023 and May 6, 2023 at 6 PM EST will receive an entry to win a new car if, and only if, a horse selected by Cannabis of Worcester wins the Kentucky Derby. The horse that wins the race must pass all post race drug tests and NOT be disqualified for any reason. A horse disqualification is considered a loss and NO entrant will win a car. King Russell is the horse chosen, but if the odds on Friday 5/5/23 drop below 50-1 another horse will be selected. Any replacement horse chosen will be announced and will have odds greater then 50-1. If horse chosen by Cannabis of Worcester does NOT win the Kentucky Derby, we will award one (1) consolation prize consisting of a pair of Boston Red Sox tickets and for a future date and $500 in cash. Contest is subject to the following terms and conditions:
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CANNABIS OF WORCESTER LLC. TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CANNABIS OF WORCESTER LLC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Non Cannabis items are defined as any accessory, glass, clothing, or other item that does not contain Cannabis.
The Non Cannabis item must be purchased between 9AM EST on 5/1/2023 and 6PM EST on 5/6/2023. Along with the purchase, each person must register by giving their name, email, and cell phone number.
In the event that the horse chosen wins the Kentucky Derby, the winning entrant will receive a new car that is fully paid including tax, title, and registration. Vehicle will be a 2023 Toyota Corolla LE FWD chosen by Cannabis of Worcester. Total price is not to exceed $26,500. If the winner declines the car, they can collect a cash payment of $15,000, with no other exceptions or guarantees. Any personal taxes or additional excise taxes incurred are the responsibility of the winner. In the event that the horse chosen does not win, we will award a pair of Boston Red Sox tickets plus $500 spending money. Any personal tax liability is the responsibility of the winner.
In the event that the horse selected by Cannabis of Worcester wins the Kentucky Derby, a qualified entrant will be chosen at random after the horse has cleared all post race tests and is officially declared the winner. This is approximately 24 hours after the race has concluded. The Winning entrant will then go with a representative of Cannabis of Worcester to complete the purchase of the vehicle.
Customer is responsible for all federal, state and local taxes relating to receipt of the vehicle excluding the cost of vehicle, sales tax, and title/registration fees. All expenses and other costs not expressly stated herein are the sole responsibility of the customers.
In the event that the horse selected by Cannabis of Worcester does NOT win the Kentucky Derby, a qualified entrant will still be chosen at random to win a pair of Red Sox tickets and $500 in cash. Customer will be notified 24 hours after the conclusion of the race.
Eligibility and General Terms.
Offer valid only to Massachusetts residents who are twenty-one (21) years of age or older as of May 1, 2023.
YOU MUST HAVE A VALID DRIVERS LICENSE ISSUED BY THE STATE OF MASSACHUSETTS TO BE ELIGIBLE FOR THIS CONTEST. NO STATE ID’S OR PASSPORTS WILL BE ACCEPTED AS PART OF THIS CONTEST AS WINNER MUST BE ABLE TO TAKE DELIVERY OF A REGISTERED VEHICLE.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Offer not available to employees of Cannabis of Worcester or members of their family.
Cannabis of Worcester and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors, are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (a) errors, omissions, interruptions, deletions, defects or delays in transmission of information whether arising by way of technical or other failures or malfunctions, destruction, loss or alteration of offer materials; (b) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (c) any condition caused by events beyond the control of Cannabis of Worcester; (d) any printing or typographical errors in any materials associated with this offer. Cannabis of Worcester reserves the right, at its sole discretion, to modify or terminate this offer if any cause beyond Cannabis of Worcester’s reasonable control affects the proper conduct of this offer. Cannabis of Worcester reserves the right to correct errors in promotional materials and to disqualify any individual who tampers with the offer process.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CANNABIS OF WORCESTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This Section 6 is referred to in these Terms and Conditions as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Released Parties in connection with The Cannabis of Worcester car give away offer, whether arising out of or relating to these Terms and Conditions (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms and Conditions, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER, AND YOU AGAINST ANY MLB ENTITY, ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to Cannabis of Worcester, 56 Millbrook Street, Worcester, MA, 01606 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled. Arbitration Procedures.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and Conditions and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator, otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 6(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms and Conditions will continue to apply.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms and Conditions to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
Questions regarding this offer? Call 774-420-2006 or contact us through our website at CannabisofWorcester.com
THIS OFFER IS NOT ENDORSED BY, ASSOCIATED WITH, OR SPONSORED OR ADMINISTERED BY, THE KENTUCKY DERBY, TOYOTA, THE BOSTON RED SOX, OR ANY HORSE RUNNING IN THE KENTUCKY DERBY.